Berkeley Rent Board
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Berkeley Rent Stabilization Board Meeting Agenda: 04/15/2021

For links to individual agenda items for this meeting, please see below.

RENT STABILIZATION BOARD
Regular Meeting
Thursday, April 15, 2021
7:00 p.m.

PUBLIC ADVISORY: THIS MEETING WILL BE CONDUCTED EXCLUSIVELY THROUGH VIDEOCONFERENCE AND TELECONFERENCE

Pursuant to Section 3 of Executive Order N-29-20, issued by Governor Newsom on March 17, 2020, this meeting of the City of Berkeley Rent Stabilization Board (Rent Board) will be conducted exclusively through teleconference and Zoom videoconference. Please be advised that pursuant to the Executive Order and the Shelter-in-Place Order, and to ensure the health and safety of the public by limiting human contact that could spread the COVID-19 virus, there will not be a physical meeting location available.

To access this meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device by clicking on this URL: https://zoom.us/j/95480886658?pwd=SmJrc1QzdDczeDltaHhySWxndndVQT09. If you do not wish for your name to appear on the screen, then use the drop-down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “Raise hand” icon by rolling over the bottom of the screen.

To join by phone: Dial 1-669-900-6833 and enter Meeting ID: 954 8088 6658 and Passcode: 427413. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

To submit an e-mail comment to be read aloud during public comment, email amueller@cityofberkeley.info with the Subject Line in this format: “RENT BOARD MEETING PUBLIC COMMENT ITEM.” Please observe a 150 word limit. Time limits on public comments will apply. Written comments will be entered into the public record.  Email comments must be submitted to the email address above by 5:00 p.m. on the day of the meeting in order to be included.

Please be mindful that this meeting will be recorded, and all other rules of procedure and decorum will apply for Rent Board meetings conducted by teleconference or videoconference.

This meeting will be conducted in accordance with Government Code Section 54953, 54956, and all current state and local requirements allowing public participation in meetings of legislative bodies. Any member of the public may attend this meeting. Questions regarding this matter may be addressed to Matt Brown, Acting Executive Director, at (510) 981-7368. The Rent Board may take action related to any subject listed on the Agenda.

RENT STABILIZATION BOARD
Regular Meeting
Thursday, April 15, 2021
7:00 p.m.

Zoom Video Archive (4:10)

*Times allotted for each item are approximate and may be changed at the Board’s discretion during the course of this meeting.

  1. Roll call – 1 min.*
  2. Approval of Agenda – 1 min.*
  3. Public Comment – 2 min. per speaker for non-agendized items*
  4. CONSENT ITEMS – 1 min.*
    1. Approval of the March 18th regular meeting minutes
    2. Recommendation to adopt proposed amendments to Regulation 1013 – Second reading (IRA/AGA/Registration Committee and Acting Executive Director)
    3. Recommendation to adopt Resolution 21-04 revising the Rent Board’s Regular Meeting Schedule for 2021 (Chair Simon-Weisberg and Acting Executive Director)
    4. Recommendation that the Chair disband the Habitable and Sustainable Housing Committee (HASH)  (Chair Simon-Weisberg and Acting Executive Director)
    5. Proposal to approve staff recommendations on the following requests for waivers of late registration penalties (Acting Executive Director and Registration Unit Supervisor)

      Administrative Waiver
      Waiver No.     Property Address
      4966               2149 Russell Street

      Ministerial Waivers
      Waiver No.     Property Address
      4940                1604 Derby Street
      4943                2441 McKinley Avenue
      4958                1437 Oxford Street
      4959                1737 San Pablo Avenue
      4960                1312 Carleton Street
      4961                2214 Martin Luther King Jr. Way
      4963                1269 Alcatraz Avenue

      Discretionary Waivers
      Waiver No.     Property Address
      4944                2057 Emerson Street
      4952                515 Colusa Avenue
      4964                2001 Allston Way
      4965                1115 Ward Street
      4967                2035 Parker Street
      4969                2610 College Avenue
  5. Public Comment – 2 min. per speaker for agendized items*
  6. Special Presentation:  Rent Board Resolution 21-03 in honor of Dorothy King, Everett & Jones owner and long-time tenant advocate for the unhoused
    1. Recommendation to adopt Resolution 21-03 in honor of Dorothy King
  7. ACTION ITEMS
    1. From Board Members, Committees, and Executive Director

      (1)  Presentation on Housing Legislation by Rent Board Legislative Advocate, Brian Augusta

      a.  State Legislative Report

      b.  Recommendation that the Board take a position on Assembly Bill (AB) 1199 [Homes for Families and Corporate Monopoly Transparency Excise Tax: qualified property: reporting requirements]

      c.  Recommendation that the Board take a position on AB 854 [Residential real property: withdrawal of accommodations]

      d.  Recommendation that the Board take a position on AB 1188 [Rental registry online portal]

      (2)  Proposed next steps for Rent Board Executive Director Recruitment and Hiring Process (Chair Simon-Weisberg and Vice-Chair Soli Alpert) – 20 min.*
  8. INFORMATION, ANNOUNCEMENTS AND NEWS ARTICLES
    Please Note:  The Board may move Information Items to the Action Calendar.
    1. Reports from Board Members/Staff

      (1)  Copy of April 6, 2021 Apparent Lawful Rent Ceiling mailing to Berkeley property owners (Acting Executive Director) – 3 min.*

      (2)  Updated Market Medians report through the fourth quarter of 2020  (Acting Executive Director) – 3 min.*

      (3)  Update on recent/upcoming Rent Board outreach events (Acting Executive Director) – 5 min.*

      a.  Tuesday, March 9, 2021 (10:00 - 11:30 AM) – Rent Control Basics, Eviction Moratorium, COVID-19, and Measure MM webinar presented to Red Oak Realty:  70-75 people in attendance

      b.  Wednesday, March 24, 2021 (10:00 - 11:30 AM) – Security Deposits: Rights and Responsibilities webinar

      c,  Wednesday, April 7, 2021 (10:00 - 11:30 AM) – Buying and Selling Rental Property in Berkeley webinar

      d.  Wednesday, April 14, 2021 (10:00 – 11:30 AM) – Measure MM webinar

      (4)  Copy of March 18, 2021 letter to the Mayor, Council and the Planning Commission conveying the Rent Board’s recommended amendments to the proposed “Inclusive Neighborhood Zoning” proposal (Acting Executive Director) – 2 min.*

      (5)  Date to submit agenda topics/items for the May 6, 2021 Rent Board meeting:  Monday, April 26th
  9. COMMITTEE/BOARD MEETING UPDATES AND ANNOUNCEMENTS
    1. Budget and Personnel Committee (Commissioner Selawsky, Chair) – 5 min.*
      Next regularly-scheduled meeting:  Thursday, April 22nd at 5:00 p.m.

      (1)  March 25th agenda
    2. Eviction/Section 8/Foreclosure Committee (Commissioner Mendonca, Chair) – 5 min.*
      Next regularly-scheduled meeting:  Thursday, May 13th at 5:30 p.m.
    3. Habitable & Sustainable Housing (HASH) Committee – 3 min.*
    4. IRA/AGA/Registration Committee (Commissioner Kelley, Chair) – 5 min.*
      Next regularly-scheduled meeting:  Thursday, May 20th at 5:00 p.m.

      (1)  April 6th
    5. Outreach Committee (Commissioner Laverde, Chair) – 5 min.*
      Next regularly-scheduled meeting:  TBD

      (1)  March 24th agenda
    6. 2 x 2 Committee on Housing: Rent Board/Berkeley Unified School District – 3 min.*
      Chair:  TBD
      Next regularly-scheduled meeting:  TBD
    7. 4 x 4 Joint Committee on Housing: City Council/Rent Board – 10 min.*
      Committee Co-Chairs:  Mayor Arreguín and Chair Simon-Weisberg
      Next regularly-scheduled meeting:  Wednesday, April 28th at 3:00 p.m.
    8. Ad Hoc Committee on RSB Technology Issues (Chair TBD) – 3 min.*
      Next meeting date:  TBD
    9. Updates and Announcements – 3 min.*
    10. Discussion of items for possible placement on future agenda – 3 min.*

      At this point, the Board will adjourn to reconvene in closed session.  Following their return to open session, the Chair will publicly announce any reportable action taken.
  10. CLOSED SESSION – Pursuant to California Government Code Section 54956.9(d)(1), the Board will convene in closed session for an update on litigation as follows:

    •  Community Housing Improvement Program v. City of New York Rent Guidelines Board (U.S. Court of Appeal, 2nd Cir., Case #20-3366)

    •  Magganas v. City of Berkeley Rent Board (Alameda County Superior Court Case # RG20092970)
     
  11. ACTION ITEM: Discussion and possible action regarding RWN-1649 (Knighton v. Magganas) (Acting Executive Director and Legal Staff) – 10 min.*
  12. ADJOURNMENT

News

Aimee Mueller, Board Secretary
Email: amueller@cityofberkeley.info
Phone: (510) 981-4932